Frequently Asked Questions
Family Law in California

How long does a California divorce take?

The minimum time for a California divorce is six months from the date the respondent is served with the petition. This is a mandatory waiting period set by California law. Uncontested divorces where both parties agree on all issues can often be finalized shortly after this six-month period. Contested divorces—where disputes exist over property, custody, or support—typically take 12 to 18 months, and complex cases can extend even longer depending on court availability in San Bernardino County.

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What are the grounds for divorce in California?

California is a "no-fault" divorce state, meaning neither spouse needs to prove the other did something wrong to obtain a divorce. The most common ground is "irreconcilable differences," which simply means the marriage has broken down and cannot be repaired. The only other ground is incurable insanity. This no-fault approach allows couples to end their marriage without assigning blame, often reducing conflict and making the process more straightforward.

Does it matter who files for divorce first in California?

In a no-fault state like California, filing first does not provide a significant legal advantage. The court will consider both parties' interests equally regardless of who initiated the proceedings. However, there may be strategic reasons to file first, such as establishing the separation date, setting the tone for negotiations, or ensuring you have time to gather financial documents. Consulting with a Certified Family Law Specialist can help you understand whether filing first makes sense for your situation.

What is the difference between legal separation and divorce?

Legal separation and divorce follow similar legal processes and address the same issues—property division, custody, and support—but with one key difference: you remain legally married after a legal separation. Some couples choose legal separation for religious reasons, to maintain health insurance benefits, or because they're uncertain about ending the marriage permanently. A legal separation can later be converted to a divorce if either party chooses.

How is child custody determined in California?

California courts determine child custody based on the "best interest of the child" standard. Judges consider multiple factors including the child's health, safety, and welfare; the child's emotional bond with each parent; each parent's ability to provide a stable, nurturing environment; history of abuse or substance issues; and the child's ties to their school, home, and community. In San Bernardino County, parents are typically required to attend custody mediation before any court hearing on contested custody issues.

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Does the mother always get custody in California?

No. California law explicitly prohibits judges from considering a parent's gender when making custody decisions. Both parents are presumed equally capable of caring for their children. The court's sole focus is the child's best interests, not which parent is the mother or father. In practice, many custody arrangements result in some form of shared custody to maintain the child's relationship with both parents.

What are the types of child custody in California?

California recognizes two types of custody: Legal custody refers to the right to make important decisions about a child's life, including education, healthcare, and religious upbringing. Physical custody refers to where the child lives on a day-to-day basis. Both types can be awarded jointly (shared between both parents) or solely to one parent. Courts often favor joint legal custody to ensure both parents remain involved in major decisions, while physical custody arrangements vary based on the family's circumstances.

Can child custody orders be modified?

Yes, custody orders can be modified when there is a significant change in circumstances. Common reasons for modification include a parent relocating, evidence of abuse or neglect, changes in work schedules that affect parenting time, the child's changing needs as they grow older, or concerns about substance abuse. The parent requesting the change must demonstrate that modification serves the child's best interests.

Can a custodial parent move out of state with the child?

A parent with primary physical custody has a presumptive right to relocate with the child, but they must provide written notice to the other parent at least 45 days before the proposed move. The non-custodial parent can file a motion objecting to the relocation. The court will then evaluate whether the move serves the child's best interests, considering factors like the reasons for the move, the impact on the child's relationship with the non-moving parent, and the child's connection to their current community.

How is child support calculated in California?

California uses a statewide guideline formula established in Family Code Section 4055. The calculation considers both parents' net disposable incomes, the percentage of time each parent has physical custody, tax filing status, deductions for mandatory costs like health insurance and union dues, and support obligations for other children. The formula is complex and typically requires specialized software to compute accurately. While courts must order guideline support in most cases, deviations may be allowed by agreement or in special circumstances.

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Does 50/50 custody mean no child support?

Not necessarily. Even when parents share equal custody time, child support may still be required if there is a significant income disparity between the parents. The California guideline formula considers both the time-share percentage and each parent's income. If one parent earns substantially more than the other, they may be ordered to pay support even with a 50/50 custody arrangement to ensure the child enjoys a similar standard of living in both households.

How long do child support payments last in California?

Child support in California generally continues until the child turns 18 and graduates from high school, or turns 19 if they are still a full-time high school student, whichever comes first. Support continues beyond 18 for adult children who are incapacitated and unable to support themselves. Parents may also agree to extend support for college expenses, though courts cannot order support for college. Arrears (past-due support) remain collectible indefinitely.

Can child support orders be modified?

Yes, child support orders can be modified when there is a significant change in circumstances. Common reasons include job loss or significant income change, changes in the custody or visitation schedule, new support obligations for other children, changes in childcare or healthcare costs, and remarriage affecting household income. Either parent can request a modification, but the change is not automatic—you must file a motion with the court. Support modifications typically take effect from the date of filing, not retroactively.

Do I still have to pay child support if the other parent denies visitation?

Yes. Child support and visitation are legally separate issues in California. You cannot stop paying child support because the other parent is denying your visitation rights, just as the other parent cannot deny visitation because you haven't paid support. If you're being denied visitation, the proper remedy is to file a motion for contempt or to modify the custody order—not to withhold support. Similarly, if you're owed support, you should seek enforcement rather than restricting visitation.